A date has been set by Canada’s top court to hear the appeal of a Nova Scotia man convicted of sexual assault for poking holes in his girlfriend’s condoms in the hopes of getting her pregnant.

Crown attorney Jim Gumpert says 42-year-old Craig Jaret Hutchinson of Shelburne County will have his case heard by the Supreme Court of Canada on Nov. 8

Hutchinson received an 18-month prison sentence in December 2011 and lost his appeal with the provincial Appeal Court earlier this month in a 4-1 majority decision.

The dissenting vote gave Hutchinson the right to go to the Supreme Court of Canada without having to seek leave to appeal.

Hutchinson’s judge-only trial heard that he took a pin to his girlfriend’s condoms in 2006 so that she would get pregnant and not break up with him.

The Halifax-area woman became pregnant and had an abortion, but she later suffered an infection of her uterus that was treated with antibiotics.

In his previous appeal, Hutchinson argued that the Nova Scotia Supreme Court’s sentence was excessive, and that the woman voluntarily consented to having sex with him.